Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Border Protection (No 2) [2018] FCA 1827 Appeal from: Singh v Minister for Immigration & Anor [2017] FCCA 2948
File number: VID 1383 of 2017
Judge: COLLIER J
Date of judgment: 22 November 2018
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to reinstate appeal from decision of Federal Circuit Court – where appellant failed to appear at hearing of appeal – where appeal dismissed pursuant to Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb) and Federal Court Rules 2011 (Cth) r 36.75(1) – principles guiding Court's discretion to reinstate proceeding – unsatisfactory medical evidence – grounds of appeal lack merit – poor prospects of success – repeated failures to attend hearings – disregard for Court process – application for reinstatement dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(2B)(bb), 25(2B)(bc) Federal Court Rules 2011 (Cth) rr 36.75(1), 36.75(2)
Cases cited: AAI15 v Minister for Immigration and Border Protection [2018] FCA 1110 ACK16 v Minister for Immigration and Border Protection [2018] FCA 1554 AHN17 v Minister for Immigration and Border Protection [2018] FCA 1598 AZAFN v Minister for Immigration and Border Protection (No 2) [2016] FCA 305 BAL17 v Minister for Immigration and Border Protection [2018] FCA 792 BEN15 v Minister for Immigration and Border Protection [2016] FCA 211 BLJ16 v Minister for Immigration and Border Protection [2018] FCA 525 BRL15 v Minister for Immigration and Border Protection (No 2) [2016] FCA 1478 BYF15 v Minister for Immigration and Border Protection [2016] FCA 774 Cameron v Cole (1944) 68 CLR 571 Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213 Minister for Immigration and Multicultural Affairs v SZFDE [2006] FCAFC 142; (2006) 154 FCR 365 MZKAJ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 1066 MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 Singh v Minister for Immigration & Anor [2017] FCCA 2948 Singh v Minister for Immigration and Border Protection [2018] FCA 861 Singh v Minister for Immigration and Border Protection [2018] FCA 778 SZTUR v Minister for Immigration and Border Protection [2017] FCA 1570 SZWBK v Minister for Immigration and Border Protection [2017] FCA 1020
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